Search results for: judicial reform
Commenced in January 2007
Frequency: Monthly
Edition: International
Paper Count: 645

Search results for: judicial reform

315 Role of Social Workers in Juvenile Justice Board as a Child Protection Mechanism for Children in Conflict with Law

Authors: Ida D. Souza, Lena Ashok

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Every child has a fundamental right to be protected and it is only a safe, supported child who can effectively cope with difficult circumstances and lead a happy childhood. The vulnerability of children has increased due to emerging lifestyles, raising cost of living, higher expectations from adults, parental and care-giver stress /burn-out and a general raise in demand for services for children. A major area of concern is the rise of juvenile crimes in the overall crimes committed in the country. The UNCRC 1989 and JJ Act 2000 enables the structures to handle the juvenile children in care and concern in its real terms. One of the mechanisms to protect the children is the JJB a justice system. The aim is to hold a child culpable (guilty) for offence they committed, not through punishment, but counseling the child to understand their actions and persuade them away from such deviated activities in the future. The JJB consists of two social workers and a judicial magistrate and one of whom should be a woman. This study aims at understanding the role of social workers in best practices in deciding the best course of action for the rehabilitation of the child. Two case studies were carried out through in-depth interviews with the social worker member of the JJB of two Udupi and Mangalore districts. The best practices reported in which children are being allowed to express themselves in a child friendly environment and in the best interest of the child. The study highlighted team work to be very effective in understanding the child in their reformation.

Keywords: child protection, best practices, juvenile justice, reformation teamwork

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314 Wave of Islamic Fintech: Revolutionizing Malaysia's Islamic Banking and Finance Regulatory Landscape

Authors: Ho Wen Hui, Azwina Wati Abdull Manaf, Asfarina Kartika Mohd Shakri

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The global trend of Fintech had taken the Malaysian shore by storm in recent years, thus making the studies and observations of its impacts more critical than ever. Additionally, Fintech has grown to become an unavoidable subject in the Islamic Banking and Finance (IBF) industry. In relation to that, this paper seeks to analyze the development of Fintech parallel with the IBF industry and its connection to Islamic economics. While the scarcity of studies on this area is apparent, it is found that there is a need to regulate the development of the Fintech Industry and its effects while analyzing the ramifications and positive effects of Fintech towards parties involved in IBF industry. This paper objectively studies the phenomenon of Islamic Fintech around the world as a whole as well as more specifically in Malaysia. The paper will then explore on the existing regulatory instruments in Malaysia, study their boundaries as well as limitations and contribute on possible reform to regulate Islamic Fintech in this jurisdiction. It is aimed that this paper will prompt and encourage more thorough studies to be conducted on the topic of Fintech which would subsequently contribute to a positive growth of the IBF industry worldwide.

Keywords: financial technology, FinTech, Islamic banking & finance, regulation

Procedia PDF Downloads 205
313 Minimum Pension Guarantee in Funded Pension Schemes: Theoretical Model and Global Implementation

Authors: Ishay Wolf

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In this study, the financial position of pension actors in the market during the pension system transition toward a more funded capitalized scheme is explored, mainly via an option benefit model. This is enabled by not considering the economy as a single earning cohort. We analytically demonstrate a socio-economic anomaly in the funded pension system, which is in favor of high earning cohorts on at the expense of low earning cohorts. This anomaly is realized by a lack of insurance and exposure to financial and systemic risks. Furthermore, the anomaly might lead to pension re-reform back to unfunded scheme, mostly due to political pressure. We find that a minimum pension guarantee is a rebalance mechanism to this anomaly, which increases the probability to of the sustainable pension scheme. Specifically, we argue that implementing the guarantee with an intra-generational, risk-sharing mechanism is the most efficient way to reduce the effect of this abnormality. Moreover, we exhibit the convergence process toward implementing minimum pension guarantee in many countries which have capitalized their pension systems during the last three decades, particularly among Latin America and CEE countries.

Keywords: benefits, pension scheme, put option, social security

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312 New Public Management: Step towards Democratization

Authors: Aneri Mehta, Krunal Mehta

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Administration is largely based on two sciences: ‘management science’ and ‘political science’. The approach of new public management is more inclined towards the management science. Era of ‘New Public Management’ has affected the developing countries very immensely. Public management reforms are needed to enhance the development of the countries. This reform mainly includes capacity building, control of corruption, political decentralization, debureaucratization and public empowerment. This gives the opportunity to create self-sustaining change in the governance. This paper includes the link of approach of new public management and their effect on building effective democratization in the country. This approach mainly focuses on rationality and effectiveness of governance system. These need to have deep efforts on technological, organizational, social and cultural fields. Bringing citizen participation in governance is main objective of NPM. The shift from traditional public management to new public management have low success rate of reforms. This research includes case study of RTI which is a big step of government towards citizen centric approach of governance. The aspect of ‘publicness’ in the democratic policy implementation is important for good governance in India.

Keywords: public management, development, public empowerment, governance

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311 Shaabi in the City: On Modernizing Sounds and Exclusion in Egyptian Cities

Authors: Mariam Aref Mahmoud

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After centuries of historical development, Egypt is no stranger to national identity frustrations. What may or may not be counted as this “national identity” becomes a source of contention. Today, after decades of neoliberal reform, Cairo has become the center of Egypt’s cultural debacle. At its heart, the Egyptian capital serves as Egypt’s extension into global capitalism, its flailing hope to become part of the modernized, cosmopolitan world. Yet, to converge into this image of cosmopolitanism, Cairo must silence the perceived un-modernized sounds, cultures, and spaces that arise from within its alleyways. Currently, the agitation surrounding shaabi music, particularly, that of mahraganat, places these contentions to the center of the modernization debates. This paper will discuss the process through which the conversations between modernization, space, and culture have taken place through a historical analysis of national identity formation under Egypt’s neoliberal regimes. Through this, the paper concludes that music becomes a spatial force through which public space, identity, and globalization must be contested. From these findings researchers can then analyze Cairo through not only its physical landscapes, but also its metaphysical features – such as the soundscape.

Keywords: music, space, globalization, Cairo

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310 Sociodemographic Approach to Juveniles Directed to Delinquent Behaviour in Zonguldak

Authors: Riza Yilmaz, Samet Kiyak, Sezin Nur Yilmaz, Yasemin Yilmaz

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Child delinquency has been increasing in our country as well as in many countries of the world. Child intelligence, abilities, family's social environment and life conditions are the factors which affect the child delinquency. The reports of 73 cases ages of 12-15 which were sent to the University of Bulent Ecevit, School of Medicine, Forensic Medicine Department between January 2011-September 2015, in order to evaluate medically, children pushed to crime by the judicial authorities are examined in terms of age, gender, educational background, place of residence, reasons for being sent, whether it’s a repeating crime or not, type of intelligence test, results revealed by forensic medicine and department of mental and neurological disorders. When children pushed to crime examined in terms of their crimes, the most common type of crime was identified as theft (n = 24). The crimes with 19 physical attacks and 12 sexual abuse were seen. Following that other 12 crimes were determined as damage to property, hemp crop, insult, incitement to crime, forgery of private documents, illegal excavation, threatening, involuntary manslaughter. The alleged crimes in 6 cases were more than one. The children pushed to crime are one of the major social problems of many countries. In this sense, it is not only the responsibility of government agencies to protect children pushed to crime, also, the civil society organizations should take place in this struggle.

Keywords: delinquent behaviour, forensic medicine, crime, punishment

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309 Exploring Students’ Views on Science Education

Authors: Ahmad Alshammari

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This study focused on exploring the students’ views about the science education in intermediate stage in State of Kuwait. This study used Social-Culture Theory (SCT) as a theoretical framework to understand the science curriculum reform process through the socio-cultural context and to discuss and explain the study findings. This study used a multi-method design, with both quantitative and qualitative methods to collect the data: students’ questionnaires and interviews. The study sample was selected randomly. First, the questionnaire was conducted with 647 students. Then 30 students (5 in each of 6 focus groups) were chosen to conduct the in-depth interviews. The findings of this study indicated the generally negative views of most of the students about the new science curriculum. The findings showed that most of the students have a negative attitude toward science, they have difficulty understanding most of the lessons, and they do not enjoy studying the science subject. This study recommends reviewing the new science curriculum (now currently in use) and taking into account the perspectives of the students about this curriculum. Developing and adapting the new science curriculum took place without taking into consideration the socio-culture and Islamic religion of Kuwaiti students. The MoE should deal with the relationship between science and culture and between science and religion, integrating more relevant science into the curriculum.

Keywords: science education, students views, science curriculum, curriculum development

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308 Value-Added Tax Exemptions and Farm-Level Productivity: The Case of Rice, Millet, and Maize in Senegal

Authors: Awa Diouf

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Since 2004, inputs specific to the agricultural sector have been exempt from VAT in Senegal. This paper measures, using the Naatal Mbay survey, the impact of this reform on agricultural productivity. The survey covers a sample of 3,122 rice, millet and maize farms for the 2016 crop year. The regressions show that tax incentives are ineffective in improving partial productivity of the land factor: the higher the share of the value of exemptions in the higher the production costs, the less productive the operation. The negative effect of the exemptions on productivity is accentuated for the most intensive agricultural area: the Senegal River Delta, and the most intensive crop: irrigated rice. This relationship could stem from a decrease in allocative efficiency: farmers have overinvested in the most accessible inputs. The loose budget constraint syndrome, therefore, explains this result: farmers who benefit more from exemptions reduce their managerial effort. The results suggest a removal of the VAT exemptions applied to finished products and agricultural inputs for a better efficiency of this tax, which typically taxes final consumption and should be neutral for the producer.

Keywords: agricultural productivity, agricultural taxation, Senegal, tax incentives

Procedia PDF Downloads 106
307 LGBTQ+ Visibility: An Analysis of the Mechanisms for Safeguarding Sexual Minorities within the Common European Asylum System

Authors: Alessandra Tosi, Teia M. Rogers

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The Common European Asylum System (CEAS) is the framework that standardises the treatment of applicants for international protection and harmonises asylum systems throughout the European Union. This paper interrogates the rules applied within the CEAS, specifically Directive 2013/33/EU of the European Parliament and of the Council of 26 June 2013, which puts forth the standards for the reception of vulnerable people applying for asylum. Absent from the definition of ‘vulnerable people’ are sexual minorities who routinely experience discrimination in reception centres and emergency accommodations. This paper undertakes an analysis of policies and legalisation of reception centres within the European Union. In confronting the flaws inherent to the system of processing asylum applications, this paper argues for the reform of the CEAS with emphasis on the inclusion of LBGTQ+ asylum seekers as vulnerable people following standards set by international human rights law.

Keywords: accommodation, asylum seekers, CEAS, Common European Asylum System, European Union, LGBTQ+, reception conditions, vulnerable people

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306 Strategies and Problems of Teachers in Using Mother Tongue-Based Multilingual Education

Authors: Ezayra Dubria, Leonora Yambao

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Mother Tongue–Based Multilingual Education (MTB-MLE) is a salient part of the recent reform in the country’s Education system which is the implementation of the K to 12 Basic Education Program. Its importance is highlighted by the passing of Republic Act 10523, otherwise known as the ‘Enhanced Basic Education Act of 2013’. However, teachers, especially new teachers encounter problems in using mother tongue as medium of instruction. Fortunately, teachers are able to create strategies which address these problems. Specifically, this paper gathered the viewpoints of teachers in using mother tongue and analyzed the different problems and strategies used. The problems encountered by teachers are lack of instructional materials written in mother tongue, especially books, lack of vocabulary, lack of teacher training, and influences of social media to learners. The strategies which address these problems are translation of literary pieces and other instructional materials, vocabulary enrichment through the use of word-of-the-day and picture-word association, remedial class, storytelling, differentiated instruction, explicit teaching, individual and group activities, and utilization of multilingual teaching.

Keywords: mother tongue-based instruction, multilingualism, problems, strategies

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305 Understanding Europe’s Role in the Area of Liberty, Security, and Justice as an International Actor

Authors: Barrere Sarah

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The area of liberty, security, and justice within the European Union is still a work in progress. No one can deny that the EU struggles between a monistic and a dualist approach. The aim of our essay is to first review how the European law is perceived by the rest of the international scene. It will then discuss two main mechanisms at play: the interpretation of larger international treaties and the penal mechanisms of European law. Finally, it will help us understand the role of a penal Europe on the international scene with concrete examples. Special attention will be paid to cases that deal with fundamental rights as they represent an interesting case study in Europe and in the rest of the World. It could illustrate the aforementioned duality currently present in the Union’s interpretation of international public law. On the other hand, it will explore some specific European penal mechanism through mutual recognition and the European arrest warrant in the transnational criminality frame. Concerning the interpretation of the treaties, it will first, underline the ambiguity and the general nature of some treaties that leave the EU exposed to tension and misunderstanding then it will review the validity of an EU act (whether or not it is compatible with the rules of International law). Finally, it will focus on the most complete manifestation of liberty, security and justice through the principle of mutual recognition. Used initially in commercial matters, it has become “the cornerstone” of European construction. It will see how it is applied in judicial decisions (its main event and achieving success is via the European arrest warrant) and how European member states have managed to develop this cooperation.

Keywords: European penal law, international scene, liberty security and justice area, mutual recognition

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304 Victims and Violators: Open Source Information, Admissibility Standards, and War Crimes Investigations in Iraq and Syria

Authors: Genevieve Zingg

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Modern technology and social media platforms have fundamentally altered the nature of war crimes investigations by providing new forms of data, evidence, and documentation, and pose a unique opportunity to expand the efficacy of international law. However, much of the open source information available is deemed inadmissible in subsequent legal proceedings and fails to function as evidence largely due to issues of reliability and verifiability. Focusing on current judicial investigations related to ongoing conflicts in Syria and Iraq, this paper will examine key challenges and opportunities for the effective use of open source information in securing justice. This paper will consider strategies and approaches that can be used to ensure that information collected by affected populations meets basic admissibility standards. This paper argues that the critical failure to equip civilian populations in conflict zones with knowledge and information regarding established admissibility standards and guidelines both jeopardizes the potential of open source information and compromises the ability of victims to participate effectively in justice and accountability processes. The ultimate purpose of this paper is, therefore, to examine how to maximize the value of open source information based on the rules of evidence in international, regional, and national courts, and how to maximize the participation of affected populations in holding their abusers to account.

Keywords: human rights, international criminal law, international justice, international law, Iraq, open source information, social media, Syria, transitional justice, war crimes

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303 Self –Engineering Strategy of Six Dimensional Inter-Subcultural Mental Images

Authors: Mostafa Jafari

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How the people continually create and recreate the six dimensional inter- sub-cultural relationships from the strategic point of view? Can they engineer and direct it toward creating a set of peaceful subcultures? This paper answers to these questions. Our mental images shape the quantity and quality of our relationships. The six dimensions of mental images are: my mental image about myself, your mental image about yourself, my mental image about you, your mental image about me, my imagination about your image about me and your imagination about my mental image about you. Strategic engineering is dynamically shaping these images and imaginations.Methodology: This survey, which is based on object and the relation between the variables, is explanatory, correlative and quantitative. The target community members are 90 educated people from universities. The data has been collected through questionnaire and interview and has been analyzed by descriptive statistical techniques and qualitative method. Results: Our findings show that engineering and deliberatly managing the process of inter- sub-cultural transactions in the national and global level can enable us to continually reform a peaceful set of learner sub-culturals toward recreate a peaceful unit global Home.

Keywords: strategic engineering, mental image, six dimensional mental images strategy , cultural literacy, radar technique

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302 Improving Human Resources Management in Indian Civil Service

Authors: Anant Deogaonkar, Archana Nanoty

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The term civil service plays a vital role in functioning of any government. In today’s modern era of globalization civil services essentially contribute for the success of the good governance system. The civil service in India refers to the body of government officials employed in civil occupations that are neither political nor judicial. The Indian Civil Services were created to foster the idea of unity in diversity with the expectation of giving continuity and change in administration independent of the political scenario and turmoil affecting the country. The civil service is an integral part of administration and the structures of administration to determine the way civil service functions. The concept of good governance necessarily precludes the effective human resource management ensuring the root level reach of the good governance. The serious matter of concern is the element of change. The civil service in general has maintained status quo instead of sweeping changes in social and economic scenario. One may disagree for this but it is a fact on the street that the Indian civil service was not able to deliver up to the expectations of the people and was lacking on the service front. The effective management of human resources at civil service needs to be prioritized and will form a key factor in successful delivery of the desired results may be in minimum duration. This paper focuses on the various ways of effective management of human resources in civil services. It also highlights the importance of improvement in human resource management in civil services with the detailed discussion of positives and negatives if any of the human resource management in civil services.

Keywords: civil services, human resources management, India, governance

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301 Combating Illegal Logging in Malaysia: Policies and Strategies under National Forestry Act (NFA) 1984

Authors: Muhammad Nur Haniff Mohd Noor, Rokiah Kadir, Suriyani Muhamad

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The National Forestry Act (NFA) 1984 is the primary forest law that regulates forest-related activities in Peninsular Malaysia. In the 1990s, abundance of illegal logging cases have called for legislative reform of the NFA 1984. As a result, NFA 1984 was amended in 1993 with the principal goal of controlling illegal forest encroachment in the forms of illegal logging, unauthorized harvesting, unlicensed forest settlement and other forms of unlawful activities. At a conceptual level, this paper discusses the policies and strategies implemented under the NFA 1984 (Amendment 1993) that are dedicated to overcome illegal logging. Then, the policies and strategies employed are reviewed and evaluated. Next, this paper conceptually discusses the loopholes of NFA 1984 (Amendment 1993) in relation to aspects where the regulation is considered insufficient to curb illegal logging. In the final section, vital actions and suggested improvements to improve the overall effectiveness of NFA 1984 (Amendment 1993) are examined.

Keywords: forest law and regulation, illegal logging, National Forestry Act 1984, NFA 1984, Amendment 1993, Peninsular Malaysia

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300 Transgenders Rights in Pakistan: From an Islamic Perspective

Authors: Zaid Haris

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Since the beginning of time, transgender people have faced difficult circumstances, particularly in Pakistan. They have experienced discrimination, physical abuse, sexual assault, and murder in their lives. In response to their complaints, the Pakistani Supreme Court established a landmark that enables them to participate in society on an equal base. As a result, transgendered people living all around Pakistan have seen their legal, political, and cultural advocacy blossom since 2009. In order to provide and defend the human rights of Pakistan's transgender persons, this paper aims to identify and analyse the constitutional and legal framework set out there. The Supreme Court's momentous decision sparked legal reform in the nation for these rights, most notably the Transgender Persons (Protection of Rights) Act of 2017, a bill that was filed in Parliament. The implementation of the rights granted to transgender people in Pakistan, whether it relates to education, health, or any other area, requires close inspection. Additionally, for society to be accepting and inclusive, a significant and radical change in behaviour is required. This paper also includes the interviews of a few transgenders from Pakistan.

Keywords: discrimination, islam, pakistan, physical abuse, sexual assault, transgenders

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299 First-Generation College Students and Persistence: A Phenomenological Study of Students’ Experiences in Indonesian Higher Education

Authors: Taufik Mulyadin

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The tuition reform for public colleges that the Indonesian government initiated and has implemented since 2013 resulted in the growing number of college students from low-income families, many of whose parents did not attend college. This study sought to examine the experiences of persistence for Indonesian first-generation college students in public universities utilizing social capital as a framework. It is a qualitative study with a phenomenological approach primarily to capture the essence of how Indonesian first-generation college students interpret, process, and experience their persistence during college years. Fifteen Indonesian young college graduates were involved as well as questionnaire and interview were employed for data collection in this study. It revealed certain themes from the experiences that first-generation college students attributed to their persistence: (a) family encouragement, (b) support from friends, (c) guidance from faculty and staff, (d) fund of knowledge they bring with them, (e) financial aid availability, and (f) self-motivation. By examining first-generation college students’ voices, Indonesian public universities can better support, engage, and retain this group of students who were historically struggled to persist in college and complete their degree.

Keywords: first-generation student, Indonesian higher education, persistence, public universities

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298 The Role of the Accused’s Attorney in the Criminal Justice System of Iran, Mashhad 2014

Authors: Mahdi Karimi

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One of the most basic standards of fair trial is the right to defense, hire an attorney and its presence in the hearing stages. On the one hand, based on the reason and justice, as the legal issues, particularly criminal affairs, become complicated, the accused must benefit from an attorney in the court in order to defend itself which requires legal knowledge. On the other hand, as the judicial system has jurists such as investigation judges at its disposal, the accused must enjoy the same right to defend itself and reject allegations so that the balance is maintained between the litigating parties based on the principle of "equality of arms". The right to adequate time and facilities for defense is cited among the principles and rights relevant to the proceedings in international regulations such as the International Covenant on Civil and Political Rights. The innovations made in the Code of Criminal Procedure in 2013 guaranteed the presence of the accused’s attorney in the proceedings. The present study aims at assessing the result of the aforementioned guarantee in practice and made attempts to investigate the effect of the presence of accused’s attorney on reducing the punishment by asking the question and addressing the statistical population of this study including 48 judges of lower courts and courts of appeal. It seems that in despite of guarantees provided in the new Code of Criminal Procedure, Iran's penal system, does not tolerate the presence of an attorney in practice.

Keywords: defense attorney, equality of arms, fair trial, reducing the penalty, right to defense

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297 The Ethio-Eritrea Claims Commission on Use of Force: Issue of Self-Defense or Violation of Sovereignty

Authors: Isaias Teklia Berhe

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A decision that deals with international disputes, be it arbitral or judicial, has to properly reflect objectivity and coherence with existing rules of international law. This paper shows the decision of the Ethio-Eritrea Claims Commission on the jus ad bellum case is bereft of objectivity and coherence, which contributed a disservice to international law on many aspects. The Commission’s decision that holds Eritrea in contravention to Art 2(4) of the UN Charter based on Ethiopia’s contention is flawed. It fails to consider: the illegitimacy of an actual authority established over contested territory through hostile acts, the proper determination of effectivites under international law, the sanctity of colonially determined boundaries, Ethiopia’s prior firm political recognition and undergirds to respect colonial boundary, and Ethio-Eritrea Border Commission’s decision. The paper will also argue that the Commission confused Eritrea’s right of self-defense with the rule against the non-use of force to settle territorial disputes; wherefore its decision sanitizes or sterilizes unlawful change of territory resulted through unlawful use of force to the effect of advantaging aggressions. The paper likewise argues that the decision is so sacrilegious that it disregards the ossified legal finality of colonial boundaries. Moreover, its approach toward armed attack does not reflect the peculiarity of the jus ad bellum case rather it brings about definitional uncertainties and sustains the perception that the law on self-defense is unsettled.

Keywords: armed attack, Eritrea, Ethiopia, self-defense, territorial integrity, use of force

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296 Housing Security System and Household Entrepreneurship: Evidence from China

Authors: Wangshi Yong, Wei Shi, Jing Zou, Qiang Li, Yilin Tian

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With the advancement of the reform of China’s housing security system, the impact is becoming increasingly profound. This paper explores the relationship between the housing security system and household entrepreneurship on the 2017 China Household Finance Survey (CHFS) and conducts a large number of robustness checks, including PSM and IV estimation. The results show that the assistance of the housing security system will significantly promote family entrepreneurship, increasing the probability of entrepreneurship by 2%. Its internal mechanism is mainly achieved by relaxing liquidity constraints and increasing household social capital. However, the risk preference effect has not existed. Heterogeneity analysis shows that the positive impact of the housing security system on family entrepreneurship is mainly reflected in areas with high housing prices and incomes, as well as households with long-term security and social or commercial insurance. Meanwhile, it also verifies that the positive externalities of the housing security system will also positively affect active entrepreneurial motivation, entrepreneurial intensity, and entrepreneurial innovation.

Keywords: the housing security system, household entrepreneurship, social capital, liquidity constraints, risk preference

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295 A Postmodern Framework for Quranic Hermeneutics

Authors: Christiane Paulus

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Post-Islamism assumes that the Quran should not be viewed in terms of what Lyotard identifies as a ‘meta-narrative'. However, its socio-ethical content can be viewed as critical of power discourse (Foucault). Practicing religion seems to be limited to rites and individual spirituality, taqwa. Alternatively, can we build on Muhammad Abduh's classic-modern reform and develop it through a postmodernist frame? This is the main question of this study. Through his general and vague remarks on the context of the Quran, Abduh was the first to refer to the historical and cultural distance of the text as an obstacle for interpretation. His application, however, corresponded to the modern absolute idea of authentic sharia. He was followed by Amin al-Khuli, who hermeneutically linked the content of the Quran to the theory of evolution. Fazlur Rahman and Nasr Hamid abu Zeid remain reluctant to go beyond the general level in terms of context. The hermeneutic circle, therefore, persists in challenging, how to get out to overcome one’s own assumptions. The insight into and the acceptance of the lasting ambivalence of understanding can be grasped as a postmodern approach; it is documented in Derrida's discovery of the shift in text meanings, difference, also in Lyotard's theory of différend. The resulting mixture of meanings (Wolfgang Welsch) can be read together with the classic ambiguity of the premodern interpreters of the Quran (Thomas Bauer). Confronting hermeneutic difficulties in general, Niklas Luhmann proves every description an attribution, tautology, i.e., remaining in the circle. ‘De-tautologization’ is possible, namely by analyzing the distinctions in the sense of objective, temporal and social information that every text contains. This could be expanded with the Kantian aesthetic dimension of reason (critique of pure judgment) corresponding to the iʽgaz of the Coran. Luhmann asks, ‘What distinction does the observer/author make?’ Quran as a speech from God to the first listeners could be seen as a discourse responding to the problems of everyday life of that time, which can be viewed as the general goal of the entire Qoran. Through reconstructing koranic Lifeworlds (Alfred Schütz) in detail, the social structure crystallizes the socio-economic differences, the enormous poverty. The koranic instruction to provide the basic needs for the neglected groups, which often intersect (old, poor, slaves, women, children), can be seen immediately in the text. First, the references to lifeworlds/social problems and discourses in longer koranic passages should be hypothesized. Subsequently, information from the classic commentaries could be extracted, the classical Tafseer, in particular, contains rich narrative material for reconstructing. By selecting and assigning suitable, specific context information, the meaning of the description becomes condensed (Clifford Geertz). In this manner, the text gets necessarily an alienation and is newly accessible. The socio-ethical implications can thus be grasped from the difference of the original problem and the revealed/improved order/procedure; this small step can be materialized as such, not as an absolute solution but as offering plausible patterns for today’s challenges as the Agenda 2030.

Keywords: postmodern hermeneutics, condensed description, sociological approach, small steps of reform

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294 Examining the Effects of College Education on Democratic Attitudes in China: A Regression Discontinuity Analysis

Authors: Gang Wang

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Education is widely believed to be a prerequisite for democracy and civil society, but the causal link between education and outcome variables is usually hardly to be identified. This study applies a fuzzy regression discontinuity design to examine the effects of college education on democratic attitudes in the Chinese context. In the analysis treatment assignment is determined by students’ college entry years and thus naturally selected by subjects’ ages. Using a sample of Chinese college students collected in Beijing in 2009, this study finds that college education actually reduces undergraduates’ motivation for political development in China but promotes political loyalty to the authoritarian government. Further hypotheses tests explain these interesting findings from two perspectives. The first is related to the complexity of politics. As college students progress over time, they increasingly realize the complexity of political reform in China’s authoritarian regime and rather stay away from politics. The second is related to students’ career opportunities. As students are close to graduation, they are immersed with job hunting and have a reduced interest in political freedom.

Keywords: china, college education, democratic attitudes, regression discontinuity

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293 Global Position of Gender Equality in India: A Comparative Study

Authors: Mangesh Govindrao Acharya

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It’s a matter of regret that rule began by causing social divisions in slave India. Even after independence, gender inequality persisted in Indian society; however, as social consciousness, awareness of governance, and political participation increased, this disparity gradually decreased. Technological advancement played an important role in awakening women. Today, a large number of women are able to address their problems in relevant places. The sense of honour for women in the family has also increased. Education, health, and food are indispensable for a strong society. Society's attitude towards the education of women and girls has become positive. Today, women have set their records in many important places. Women still face many challenges. Health awareness among rural women is a big challenge. Equality between men and women is the biggest social reform campaign implemented in our country. It has been going on endlessly for years, but the expected success does not seem to have been achieved. On the contrary, the issue of equality between men and women keeps coming before society in a new form. An attempt has been made in the present research essay to give an account of India's performance in this regard at the global level.

Keywords: gender sensitization, gender equality, women's dignity, women's safety

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292 ‘The Guilt Complex’: Assessing the Guilt of Youth Returning From Terrorist Groups in the Narratives of Justice Presentation on the Methodological Opportunities and Concerns in Operational Research

Authors: Arpita Mitra

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The research explores the concept of ‘guilt’ as understood in relation to children and young individuals associated with terrorist groups who are exiting these groups and returning to civilian lives (‘young returnees’). The study explores young returnees’ guilt – in its psychological, legal, and sociological manifestations and how it contributes to experiences of reintegration and justice administration. Streamlining it further, the research question on assessing guilt engages with young adults – between 18 and 30 years – who were part of a terrorist organization during their formative years and have returned to civilian life. Overall, the findings of the said research are intended to contribute first-hand operational research to criminological literature as well as transitional justice mechanisms with regard to narratives on truth, justice, reparations and institutional reform/guarantees of non-recurrence. Particularly for this paper, the focus of the paper shall be on one aspect of this research, that is, on the added value of conducting operational research and the methodological challenges encountered during this process with regard to informed consent, data protection, mental health and security considerations for the respondents and researcher.

Keywords: terrorism, reintegration, young returnees, criminology

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291 Understanding Context and Its Effects in the Implementation of Modern Foreign Language Curriculum in Vietnam

Authors: Ngoc T. Bui

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The key issue for teachers of a modern foreign language is the creation of a pedagogic environment, and this means that an understanding of context is vital. A pedagogic environment addresses the following: time, feedback, relations with other people, curriculum integration, forms of knowledge, resources and control in the pedagogic relationship. In this light, the multiple case study of the implementation of a modern foreign language curriculum focuses on exploring Vietnamese contexts and participants’ perceptions of factors that may affect their implementation process in order to examine thoroughly how the communicative language teaching (CLT) curriculum is being implemented in second language classrooms. A mixed methods approach is utilized to investigate contextual and personal factors that may affect teachers’ implementation of curriculum and pedagogical reform in Vietnam. This project therefore has the capability to inform stakeholders of useful information and identify further changes and measures to solve potential problems to ensure the achievement of the curriculum goals. The expected outcomes may also lead to intercultural language teaching guidelines to support english as a foreign language (EFL) teachers with curriculum design, planning and how to create pedagogic environment to best implement it.

Keywords: communicative language teaching, context, curriculum implementation, modern foreign language, pedagogic environment

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290 Research on Adaptable Development Strategy of Medical Architecture Based on the Background of Current Era

Authors: Jiani Gao, Qingping Luo, Xinlei Fang

Abstract:

In order to try to achieve better rights and interests for both doctors and patients in the new medical environment, the paper will focus on the renewal and development of medical buildings. In today's highly developed society, many factors have a profound guiding significance for the development of medical buildings. By doing social research, the paper has found that these factors come from all aspects. These factors include the optimization of traditional medical model, rapid alternation of medical technology and equipment, the reform of the social, medical security system, changes in the age structure of the population, the birth of intelligent medical care under the Internet, and the deepening of the concept of green sustainable building development, etc. The purpose of this paper is to capture sensitively these various factors that may affect the evolution of medical buildings in the context of the current era, and to put forward, by using an adaptable development strategy, some feasible suggestions on the design of medical buildings when facing these changes and challenges. Specifically speaking, the adaptable development strategy includes some basic principles and methods, such as using modular design, adopting scalable streamline, selecting a long-span structural system and using replaceable materials and components, etc.

Keywords: medical architecture, adaptable development, medical model, space design

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289 Restoring Statecraft in the U.S. Economy: A Proposal for an American Entrepreneurial State

Authors: Miron Wolnicki

Abstract:

In the past 75 years the world was either influenced by, competing with or learning from U.S. corporations. This is no longer true. As the economic power shifts from the West to the East, U.S. corporations are lagging behind Asian competitors. Moreover, U.S. statecraft fails to address this decline. In a world dominated by interventionist and neo-mercantilist states, having an ineffective non-activist government becomes a costly neoclassic delusion which weakens the world’s largest economy. American conservative economists continue talking about the superiority of the free market system in generating new technologies. The reality is different. The U.S. is sliding further into an overregulated, over-taxed, anti-business state. This paper argues that in order to maintain its economic strength and technological leadership, the U.S. must reform federal institutions to increase support for artificial intelligence and other cutting-edge technologies. The author outlines a number of institutional reforms, under one umbrella, which he calls the American Entrepreneurial State (AES). The AES will improve productivity and bring about coherent business strategies for the next 10-15 years. The design and inspiration for the AES come from the experience of successful statecraft examples in Asia and also other parts the global economy.

Keywords: post-neoliberal system, entrepreneurial state, government and economy, American entrepreneurial state

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288 Palace Diplomacy: The Means and the End to the Chinese Control of African Economy

Authors: Toyin Cotties Adetiba

Abstract:

Notably, China is a major global economy, thus increasing debate parlance of foreign policy that sees China as a superpower. China’s investment in Africa is visibly seen in African markets with substantial involvement of its multinationals in key commercial sectors such as infrastructure, telecoms, and agriculture. Not minding its positive economic impact on Africa, the debate around the China-African relationship has continued to be filled with some sort of inconsistency and ambiguity. This work engaged a qualitative research method while answering the question of whether the socioeconomic marriage of convenience between African states and China, is a means and the end to the Chinese control of African economy? Can China-Africa’s relationship engender Africa’s economic development or is it a threat to Africa’s development? The paper argued that through the secret dealings of the Chinese companies with African leaders, couched as palace diplomacy, the Chinese have cornered African economy. Concluding that there is need for the reform of the approaches to curtailing socio-economic and political corruption in Africa in the form of applications of ideas molded and refined to transparency in dealing with the Chinese, while economic institutions in African is empowered to effectively fight corruption.

Keywords: Africans, corruption, diplomacy, companies, development

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287 The Role of International Organizations in the Implementation of Return Migration Policy in Cameroon

Authors: Charles Simplice Mbatsogo Mebo

Abstract:

With growth picking up again, Africa seems increasingly attractive for its own nationals who return home through new opportunities available for them. The purpose of our research paper is to understand the role of the international partners in Cameroon, with regards to their support for the return and reintegration of migrants. We, therefore, questioned the relevance and effectiveness and efficacy of international instruments in reintegrating returnees to Cameroon. After our analysis that was conducted on the basis of a documentary exploration, interviews, and field surveys, it appears that the contribution of the international partners in Cameroon is proven in relation to their participation in the financing and placement of returned experts. However, their contribution remains insufficient due to their low level of deployment and the insignificant impact of their investments on the reintegration of Cameroonian Diasporas. The research also reveals some exogenous and endogenous constraints that hinder international institutions' actions in terms of accompanying migrants returning to Cameroon. Finally, for a better management of the returnees' issue, it is necessary to set up a mechanism to raise awareness and a coordination system of all international actors involved. It is also relevant to reform the migration policy, build institutional capacities, and improve the juridical-administrative and economic environment so as to favor co-development in Cameroon.

Keywords: international partners, returnees, diaspora, migration policy, co-development

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286 Judicial Review of Indonesia's Position as the First Archipelagic State to implement the Traffic Separation Scheme to Establish Maritime Safety and Security

Authors: Rosmini Yanti, Safira Aviolita, Marsetio

Abstract:

Indonesia has several straits that are very important as a shipping lane, including the Sunda Strait and the Lombok Strait, which are the part of the Indonesian Archipelagic Sea Lane (IASL). An increase in traffic on the Marine Archipelago makes the task of monitoring sea routes increasingly difficult. Indonesia has proposed the establishment of a Traffic Separation Scheme (TSS) in the Sunda Strait and the Lombok Strait and the country now has the right to be able to conceptualize the TSS as well as the obligation to regulate it. Indonesia has the right to maintain national safety and sovereignty. In setting the TSS, Indonesia needs to issue national regulations that are in accordance with international law and the general provisions of the IMO (International Maritime Organization) can then be used as guidelines for maritime safety and security in the Sunda Strait and the Lombok Strait. The research method used is a qualitative method with the concept of linguistic and visual data collection. The source of the data is the analysis of documents and regulations. The results show that the determination of TSS was justified by International Law, in accordance with article 22, article 41, and article 53 of the United Nations Convention on the Law of the Sea (UNCLOS) 1982. The determination of TSS by the Indonesian government would be in accordance with COLREG (International Convention on Preventing Collisions at Sea) 10, which has been designed to follow IASL. Thus, TSS can provide a function as a safety and monitoring medium to minimize ship accidents or collisions, including the warship and aircraft of other countries that cross the IASL.

Keywords: archipelago state, maritime law, maritime security, traffic separation scheme

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